Civil Liability Act, 1961

Amendment of section 61 of the Act of 1934.

54.—(1) Where a workman or his personal representative or his dependant or other person has recovered compensation under the Workmen's Compensation Acts, 1934 to 1955, or under any scheme certified under the Act of 1934 in respect of an injury caused in circumstances which would give a right to recover reduced damages in respect thereof by virtue of subsection (1) of section 34 from some person other than the employer (in this subsection referred to as the third party), any right conferred by section 61 of the Act of 1934, on the person by whom the compensation was paid or on any person called upon to pay an indemnity under section 19 of the Act of 1934, to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the sum so paid or payable by the said person as bears to the total of the sum so paid or payable the same proportion as the said reduced damages bears to the total damages which would have been recoverable if the workman had not been negligent.

(2) In subparagraph (ii) of paragraph (aa) of section 61 of the Act of 1934 (being the paragraph added to that section by section 7 of the Act of 1953), the reference to damages shall be construed as including a reference to damages subject to such reduction as is mentioned in subsection (1) of section 34.

(3) The amendments effected by the preceding subsections of this section shall not apply to any case where the accident happened before the date of the passing of this Act.